QLDIn ForceAct
Property Law Act 2023
sec.169Payment and recovery of apportioned part of rent
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### sec.169 Payment and recovery of apportioned part of rent
An apportioned part of rent is payable and recoverable—
for a continuing right to payment—only when the entire payment becomes payable and recoverable; or
for a right to payment the continuing right to which has stopped for a reason, including, for example, the death of a person or the re-entry of land—only when the entire payment would have become payable and recoverable had the continuing right not stopped.
A person entitled to an apportioned part of rent—
has, when the entire payment becomes payable, the same rights and remedies for recovering the apportioned part as would have been available in relation to the entire payment; and
must bear a proportionate part of any allowance which would have been given in relation to the entire payment.
(sec.169-ssec.1) An apportioned part of rent is payable and recoverable— for a continuing right to payment—only when the entire payment becomes payable and recoverable; or for a right to payment the continuing right to which has stopped for a reason, including, for example, the death of a person or the re-entry of land—only when the entire payment would have become payable and recoverable had the continuing right not stopped.
(sec.169-ssec.2) A person entitled to an apportioned part of rent— has, when the entire payment becomes payable, the same rights and remedies for recovering the apportioned part as would have been available in relation to the entire payment; and must bear a proportionate part of any allowance which would have been given in relation to the entire payment.
- (a) for a continuing right to payment—only when the entire payment becomes payable and recoverable; or
- (b) for a right to payment the continuing right to which has stopped for a reason, including, for example, the death of a person or the re-entry of land—only when the entire payment would have become payable and recoverable had the continuing right not stopped.
- (a) has, when the entire payment becomes payable, the same rights and remedies for recovering the apportioned part as would have been available in relation to the entire payment; and
- (b) must bear a proportionate part of any allowance which would have been given in relation to the entire payment.